Retrospective Agreements

What is a Retrospective Agreement?

A retrospective party wall agreement occurs when construction or renovation work that affects a party wall or boundary has already begun or been completed without following the necessary procedures outlined in the Party Wall etc. Act 1996.

In such cases, the parties involved, typically the building owner and the affected adjoining owner(s), can still attempt to formalise an agreement after the work has commenced. This agreement is referred to as a retrospective party wall agreement.

Creating a retrospective agreement involves a similar process to the standard party wall procedure, which includes serving notices, appointing surveyors if necessary, and documenting the agreed-upon terms regarding the construction work that has already taken place.

While a retrospective agreement might still be attainable, it’s important to note that proceeding with work without complying with the Act’s requirements can complicate the process and potentially lead to disputes. Adjourning owners might seek legal remedies or request alterations to ensure their property’s protection, potentially resulting in additional costs and delays. Therefore, it’s always advisable to adhere to the Act’s procedures before initiating any construction or renovation work that may affect a party wall or boundary.

For more advise or a fixed fee quotation please contact a surveyor.

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